Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?

temporary orders ohio civil rule 75

PUBLISHER’S NOTE: This blog about Ohio Civil Rule 75(N) temporary orders, is as meaningful today as it was when we originally posted it on May 8, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Should I Request Temporary Orders In My Divorce Case? What Are Ohio Civil Rule 75(N) Temporary Orders?

Courtroom discussing Ohio Civil Rule 75(N) temporary orders.When going through a divorce in Ohio, understanding Ohio Civil Rule 75(N) temporary orders is crucial. It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that … Read More... “Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?”

Legal Alert: Planning for Parenting Time – Ohio’s Guide for Parents Living Apart

Alert Key Legal Update

Did You Know? Ohio Supreme Court Chief Justice Maureen O’Connor has Written a Guide About Planning Parenting Time Schedules for Parents Living Apart

parenting time schedule divorceLooking for a resource in Ohio to help you design a parenting time schedule that will work best for you, your Ex, and your children? I thought it worthwhile to share this resource with the readers of the Ohio Family Law Blog. This is not a new resource. It was published in 2019 by the Ohio Supreme Court Chief Justice Maureen O’Connor.

I was thinking about her the other day, since I knew she was retiring from the Ohio Supreme Court in January. She has served Ohio for 24 years in various elected State of Ohio offices – longer than any other woman in Ohio. In addition, Justice O’Connor has been passionate about child related issues throughout her career.

She introduced this resource as being “Ohio specific and it is intended to . . . foster fair and creative parenting schedules based upon children’s developmental milestones and best interests.”

Prenting Time Schedule Resource: How To Download “Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”

This Planning for Parenting Time – Ohio’s Guide for Parents … Read More... “Legal Alert: Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”

What is the Purpose of Temporary Orders in an Ohio Divorce?

temporary orders ohio civil rule 75

Should I Request Temporary Orders In My Divorce Case? What Is Ohio Civil Rule 75 (N)?

temporary orders ohio civil rule 75

It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders  are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

  1. Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
  2. Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
  3. Payments of debts (ORC 3105.18); and
  4. Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?

parental alienation divorce"

Parental Alienation in Ohio: Thoughts from a a divorce lawyer for 40+ years

An End To Parental Alienation With Proposed Parenting Equality Law? Ohio Representative Rodney Creech And Podcaster Kindra Beck Asks For Your Help And Testimonials

parental alienation divorceAccording to Kindra Beck, the founder of Speak Life In Stride Podcast, and a parent who had gone through a “high conflict” divorce, “There are over 22 million American adults that feel they are being alienated from their children. However, this is a global problem.” Ms. Beck is joining forces with Ohio Representative Rodney Creech (R), from the Preble County area, to try to make sure there are legislative changes enforcing parenting equality both during and after a divorce. Creech is proposing legislation that gives Mother and Father equal 50/50 parenting time “out of the gate” in a divorce.

In Ohio, by contrast, the primary custody statute states that the Court’s primary consideration in determining custody is the “best interests” of the child(ren). Ohio Revised Code Section 3109.04 states:

” (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification … Read More... “Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?”

My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?

coronavirus parenting time divorce essential travel

Is Parental Time Affected By The Coronavirus Essential Travel Order In Ohio?

coronavirus parenting time divorce essential travelI have been practicing family law and divorce in Ohio for over 40 years. Coronavirus is a novel situation, but I will do my best to share some insights into this topic. The COVID-19 situation is a very fluid situation. In addition, each case and the analysis would be dependent on the facts of the specific case as well as the Court and Judge.

Pursuant to both of the Ohio’s Stay at Home Orders, travel has been reduced to only essential travel. Under these Orders, essential travel  is defined based on specified travel purpose, including “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” Individuals falling under any of the essential travel purposes must still “comply with all Social Distancing Requirements.” (See, Section 12 (e) of the Ohio Order of April 2, 2020). So, to be clear, Court Ordered parenting time is NOT altered by the shelter-in-place Orders.

Although many Courts are presently working with limited staff, that is not the case in the Montgomery County, Ohio Domestic Relations Court. Many motions have been filed dealing with … Read More... “My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?”

New Child Support Guidelines in Ohio Take Effect on March 28, 2019

child support new law parenting time

These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

child support new law parenting timeOn July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.

If, after looking at the summary I have attached, you have questions I would strongly suggest that you contact an experienced family law attorney where your Order was issued to recalculate the support. This new law does not automatically change any existing support Orders whether they … Read More... “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

Blast From The Past: Divorce: Relocation Issues in Ohio

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: Looking back over the last 10 years of Ohio Family Law Blog articles is always fun for me! Here is another BLAST FROM THE PAST written by Attorney Anne Shale and published on January 21, 2008. I have edited it to include the current relocation language from Montgomery and Greene Counties.

Divorced And Thinking About Relocation? Read This Before Taking Any Action!

relocation parenting timeTwenty to thirty years ago, there was no issue related to “relocation”.  There was a custodial parent, usually the Mother, and a non-custodial parent, usually the Father.  If Mother wanted to relocate to return to the home of her family, to join her new husband at his next assignment, or to find a better paying employment position, Mother simply relocated or moved to her next city or state of residence.

Today, the issue of “relocation” has become an issue of much importance.  Fathers’ rights have come to the forefront as Fathers have become more involved in the rearing of their children.  My father never changed a diaper, never bathed or dressed me or my siblings, and certainly was not involved in other parenting tasks involving “hands on” care.  His primary “job” as … Read More... “Blast From The Past: Divorce: Relocation Issues in Ohio”

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